Challenging the cadastral value in court. How to file an action for contesting the cadastral value

In Russia, citizens are very interested in such a process as challenging the cadastral value of real estate. This issue remains unresolved for a long time. After all, in itself, the value of property (cadastral) is a very important indicator. Often, citizens try to challenge it. There are own reasons for that. The main problem is that it is far from always possible to translate this idea into reality. But when is there really a chance of contesting? What is required for this?

The cadastral value is ...

Challenging cadastral value is a process that often worries citizens. Especially those who are going to buy out this or that property. This indicator is a fundamental property of an apartment or a land plot. But what is it?

The cadastral value is the value of the property that is exposed after the state assessment. It influences how much it will have to pay for the ransom, say, of land, a citizen when buying it into private property. Also, the rent for real estate depends on the cadastral value.

Why are many challenging the results of determining the cadastral value? All this is due to the fact that this indicator directly affects the amount of property tax. Therefore, even the slightest mistake in the calculations can lead to huge expenditure on the part of the population.

When can I file an action

It has already been said that the statement of claim for challenging the cadastral value of real estate can not be submitted in all cases. In fact, a citizen will blame the state for serious mistakes. So, simply on personal desire the claim is not submitted. In which cases can you try to implement the idea? In total, two options are considered:

• Filing a claim when, in determining the value, unreliable, erroneous data on the real estate object were used;
• If at the time of valuation the market price of real estate was established.

There are no other legal grounds. Therefore, citizens do not have much chances to satisfy the claim. What is its meaning?

Essence of the statement of claim

Contesting the cadastral value of the property has some subtext. What can citizens achieve when applying to the court? What is the meaning of this action?

Contesting the cost of the cadastre is a process that can equalize the market price of land or an apartment with a cadastral one. That is, the claim is submitted for the sake of reducing the price of real estate. It is for this reason that it is not so easy to prove one's rightness. After satisfaction of the claim will lead to a decrease in the rent paid. Also, a person who decided to purchase property, will have to pay less when buying a property from the state. Of course, do not forget about taxes. The amount of these payments will also decrease.

Who can file an action

The next point is the consideration of persons who can file a lawsuit in court. Contesting the cadastral value is possible by far not all. Therefore, it is important to fully understand who is entitled to file a claim. What restrictions exist in Russia regarding the topic under study? The claim for challenging the state appraisal of the value of real estate has the right to draw up and bring to court the following categories of the population:

1. All physical persons. But only if the results of the state assessment affect their interests and rights. Most often these people become property owners. Either those who rent this or that property.
2. Legal entities. The possibility of filing a claim can only take place when the interests of this population are affected by an incorrect evaluation.
3. Bodies of local self-government or state power. They are able to file a claim with the appropriate authorities, but only when it comes to the property that belongs to them.

No one else can complain about the wrong state assessment of real estate. Unless by proxy issued by one of the above categories of persons. But this practice is extremely rare.

Where to go

Where can I file a claim for contesting the cadastral value? This question interests citizens not less than the possibility of reassessment. It is always important to know which authorities are filed lawsuits. After all, if you make a mistake, the complaint will not be considered.

Now in Russia, citizens can choose which court to appeal to. Though with some limitations. Challenging the results of determining the cadastral value of real estate occurs on the application sent to the following courts:

• District;
• Supreme;
• Courts of the republics.

Previously, all such disputes were considered in administrative courts. But in connection with the changes that came into force in 2014, now the claims are examined not just in the district but in the regional courts.

Features for legal entities

Now it is clear who and where can file a statement of claim. Challenging the cadastral value of real estate in the case of legal entities, as well as state and municipal authorities implies one small feature. It is extremely important for filing an appropriate application.

The thing is that individuals have the right to file a complaint about the wrong evaluation of real estate immediately, without resorting to any additional instances. For municipal authorities, this is unacceptable. In the same way as for legal entities. These categories of the population must first file a complaint with the Rosreestr. Contestation of cadastral value is considered by a special commission. She conducts the so-called pre-trial proceedings. Legal entities, as well as bodies of municipal or state government only after this stage have the right to apply to the court.

Deadlines for filing a complaint

Another important point that should be taken into account by all citizens is that the date of contesting the cadastral value (that is, the time proposed for the population to file a complaint) in the relevant authorities is strictly limited. Therefore it is necessary to know, through how many at one or another category of persons the right to decrease the value of real estate is lost.

It all depends on the situation. In general, according to the established rules, it is not possible to file a claim in Russia to review the state valuation of property, if more than 5 years have passed since the entry of the disputed results into the state register. This rule applies to legal entities, both physical and municipal authorities.

If there was a contest of cadastral value in pre-trial order, then a person has the right to apply to the court within 3 months after receiving the decision of the Rosreestr Commission. Therefore, do not hesitate.

Terms of consideration of the issue in Rosreestr

It is best to apply to Rosreestr to amend the cadastral value of the property. Because not always things go to court. Yes, in practice, individuals usually immediately turn to the help of the judiciary. But the other plaintiffs must submit an application for reassessment to Rosreestr. A special commission is convened in this organization. It will issue a report on challenging the cadastral value of the property.

A citizen with an identity card, as well as with a cadastral passport and erroneous evaluation results, is referred to the Rosreestr. There he must write a re-evaluation application. Within 30 days the appeal will be considered. Then the citizen will be informed when the meeting will take place. He will have to take part in it.

What if, a month after the appeal, the meeting was not scheduled? In this case, it is recommended that you immediately file a claim and file it with the court. The main thing is to collect a certain list of documents that can help solve the problem.

Documents for the claim

How to file a claim for contesting the cadastral value? The thing is that this issue brings a lot of problems to the population. The main task is to provide evidence that can reduce the price of property before the market. Therefore, the collection of documents attached to the application should be treated with special attention. The absence of at least one paper will lead to rejection of the claim. The citizen should bring:

• A statement of claim (it indicates the authority to which the petition is submitted, and all circumstances that affect the course of the case are prescribed);
• A receipt for payment of the state fee (300 rubles for ordinary citizens, for legal entities - 4 500);
• Documents-grounds, confirming the rights to use real estate;
• A revaluation report issued by the Rosreestr Commission (in the absence of a response from this service it is necessary to indicate this in the claim);
• Results of state evaluation;
• Cadastral passport of property;
• Evidence of erroneous state assessment data (for example, an extract of the work of an independent expert group with revaluation results);
• The identity card of the citizen;
• Other extracts, capable in any degree affect the course of the case.

Court hearing

After the citizen applied for challenging the state valuation of real estate, you should wait for the court session. The complaint will be considered within 1 month from the date of the appeal. A citizen will knowingly inform about the date of the judicial debate.

If the plaintiff can not independently attend the meeting, he has the right to appoint an authorized person. In this case, it is necessary to draw up a power of attorney, which must be presented in court by a person appointed as a representative.

After that, the court at the meeting examines all the materials provided by the plaintiff and the defendant. At the end a decision is made. If the claim is satisfied, the citizen has one small problem. It is mainly related to the payment of taxes on real estate. What is it about?

Entry into force of the decision

Now it is clear what is meant by contesting the cadastral value. Jurisdiction, as well as all the nuances of this process, are no longer a mystery. If the revaluation claim is satisfied, then it begins to act immediately after the removal. Within 30 days, new changes must be made to the state register. It's easy and simple.

But here the property owners can have one small problem. It is about calculating the property tax. Earlier in Russia, the results of the revaluation of cadastral value entered into force from the new reporting tax period. That is, if the claim is satisfied at the beginning or the middle of the year, no recalculation was made. But in 2016, the tax on the new cadastral value will begin to operate from the next quarter after the one in which the judgment was rendered.

Now it is clear how the cadastral value is disputed. The decision of the court in this matter plays a major role. In general, this is a very difficult process. In practice, it is rather difficult to lower the price tag on the cadastre. To file an application with a court is necessary only when there is evidence of errors committed. Otherwise, the court will not satisfy the claim.